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Home My WebLink AboutOrdinance 4793 EXHIBIT "A" ANX 05-1728 THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE S89057' 59"E 1318.90' TO A FOUND IRON PIN LOCATED AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29, THENCE S00015 '0571W 1316.04' TO A FOUND IRON PIN LOCATED AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE S 1321 .97' TO A FOUND PIN LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE S89059'50"W 1336. 15 ' TO A SET IRON PIN LOCATED AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE N00031 '28"E 1324.80' TO A FOUND STONE LOCATED AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE N00028932"E 1314. 13 ' TO THE POINT OF BEGINNING. CONTAINING 80.30 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. Washington County, AR I certify this instrument was filed on 12/06/2005 02:09: 16 PM and recorded in Real Estate File Number 2005-00054546 Bette tamps - Circuit Clerk b ti � > Q0 L C _ Z C7 O N n r - 0 m � o IN THE COUNTY COURT OF WASHINGTON COUNTY, ACAS _I _ IN THE MATTER OF ANNEXATION to a found pipe ' ;^ s c OF CERTAIN LANDS TO THE CITY OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005- � PETITION FOR ANNEXATION COMES now, the Petitioner by his attorney, Raymond C. Smith, and for his Petition for Annexation, states and alleges as follows: 1 . Petitioner is the record title holder of the parcel of land contained in the following described real property situated in Washington County, Arkansas: The Southwest Quarter of the Southeast Quarter of Section 29, and the Northwest Quarter of the Northeast Quarter of Section 32, all in Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to-wit: Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter.of said Section 29 and running thence S 89°57'59 "E 1318.90' to a found iron pin located at the Northeast corner of the Southwest Quarter of the Southeast Quarter of said Section 29, thence S 00015'05 " W 1316.04' to a found iron pin located at the Northeast comer of the Northwest Quarter of the Northeast Quarter of said Section 32, thence S 1321 .97' to a found pin located at the Southeast comer of the Northwest Quarter of the Northeast Quarter of said Section 32, thence S 89°59'50" W 1336. 15' to a set iron pin located at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 32, thence N 00°31 '28" E 1324.80' to a found stone located at the Northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 32, thence N 00°28'32" E 1314. 13' to the point of beginning. Containing 80.30 acres, more or less._ Subject to easements and rights-of-way of record, if any. 2 . All the above-described property is adjacent to and contiguous to the present boundary line for the City of Fayetteville, Washington County, Arkansas. See survey and description of property, attached hereto as Exhibit "A". PETITION FOR ANNEXATION PAGE 1 3 . The above-described property is suitable for annexation to the City of Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and management of the land and the City of Fayetteville, Arkansas. 4. Pursuant to Arkansas Code Annotated Section 14-40-601 et seq, this Court has jurisdiction over the subject matter herein, and Petitioners request that the above-described real property be annexed in and to the City of Fayetteville, Arkansas. 5 . Petitioner further states that Attorney Raymond C. Smith of Fayetteville, Arkansas, is authorized to act for and on behalf of the Petitioner in all matters relating to this Petition and subsequent hearing or annexation proceedings. See Exhibit `B" attached hereto for the authorization. 6. Petitioners request this Court set a date for hearing on this Petition, not less than thirty (30) days subsequent to the filing of this Petition and further hearings or annexation proceedings therewith. WHEREFORE, Petitioner prays that the above-described real property be annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the provisions of applicable Arkansas law, subsequent to a hearing thereon as required by law; that this Court, by Order, fix a time and place for said hearing not less than thirty days subsequent to the filing of this Petition; and for all other relief to which the Petitioner may be entitled. PETITION FOR ANNEXATION PAGE 2 Alfred E. Zacannti, Sr., Trustee Petitioner B (ILayaw6d C. Smit Attorney at Law 80135 Barristers Place, Suite 11 70 N . College Avenue Fayetteville, Arkansas 72701 (479) 521 -7011 PETITION FOR ANNEXATION PAGE 3 EXHIBIT 4W FAYETTEVILLE SCHOOL BOARD DISTRICT BOUNDARY AND SURVEY OF LAND (SEE ATTACHED) PETITION FOR ANNEXATION PAGE 4 If it Y two 17 1 ? ill.'-��`, -/ �c ( .r'- I. r•. \ ;.. _ .ell ZZrd -� - u "16N 77 h 1 mss ' 9 OFF; 1 11 _ 111 �� ` • ,� , `5,- + �� ,_r '�_ �+ - 1 ;I 1 ' - =.r- ! T � .c ► � { `� -� S,l ' = 1' is ��. _ -- , L • Annexations [1870-11resent] [ CITY City of Fayetteville , Arkansas : MAPS ) home help about Geographic Information System r po 3 DOWERS LN A L � � \ ,\ HOWARD NICKELL RD - Q I L112- _ _ 1 3 0 o d! 1 � _ z WEIR RD V 5 GROl1SERD +-1-+- L'_ �MARSN S7 DP iSo r w 'i ISLEY' CASSAT/ S WHEELER RD //f�� `A ! u a rj QUAIL DR ,f"— KNAPP ST V WISE• City of Fayetteville, AR — J I'i f _ 01 ty x r fl M� Legend City Limits �,/ Streets EXHIBIT "B" AUTHORIZATION (SEE ATTACHED) PETITION FOR ANNEXATION PAGE 5 , May 13 05 09 : 3Ga - Ray SmW 479 443 - 1# 3 p . 2 AUTHOR IZAT14I.Pi: 1, Alfred E. Zaccanti Sr., Trustee, Al and Helen Zaceanti Revocable Trust, authorize the law firm of Raymond C. Smith, P.A., to act for and on behalf of the aforesaid Trust and Trustee, in all matters relating to Annexation and Rezoning, including but not limited to any and all petitions, applications, hearings and proceedings before or with the City of Fayetteville and County of Washington, for the following described real property situated in Washington County, Arkansas, to-wit: Part of the NW'/,, of the NG'/4 of Section 32, Township 17N, Range 30W, consisting of 40 acres MOL. Also identified as Parcel Number 001 - 16813-000. Date: May & 2005 fica0f.. Zapoti, Sr., Trustee and Hele canti Revocable Trustee o C7 �y t�i'i D m C- = Q. z z n IN THE COUNTY COURT OF WASHINGTON COUNTY, AR So -n IN THE MATTER OF ANNEXATION m -0 ::3 v OF CERTAIN LANDS TO THE CITY o c� OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005-1 Cr ORDER SETTING HEARING NOW on this o? of June, 2005, is presented to the Court a Petition for Annexation of certain lands to the City of Fayetteville, Arkansas, filed herein on June 17, 2005, by the Petitioner, Alfred E. Zaccanti, Sr., Trustee. IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to Arkansas Code Annotated § 14-40-602, a hearing on said Petition for Annexation shall be Af held in the County Court of Washington County, Arkansas, on thm7✓,�day July, 2005, at o'clock a.m., and the Clerk of this Court is hereby directed to issue a notice of hearing as set herein which shall be published in the manner and for the full length of time as required by law. / CO TY JUDGE FROM (WED ) DEC 14 2005 13 : 50 /ST . 13 : 49/No. 6816796254 P 4 IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS IN THE MATTER OF ANNEXATION y on a OF CERTAIN LANDS TO THE CITY rn OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005.21me cm� c. o3 ^' ORDER OF ANNEXATIONZa o d cn r— = r = rn NOW on this day of July, 2005, this cause comes on to be heardat�[�titiomr, Alfred E. Zaccanti, Sr., Trustee, represented by his attorney, Raymond 3C. %mitfigof Fayetteville, Arkansas, announcing ready for a hearing of this cause and there being no protests or objections filed herein, whereupon, the matter is submitted to the Court upon the verified petition filed herein, and the oral and documentary evidence adduced, the Court being well and sufficiently advised finds: 1 . The Petition in this cause was filed June 20, 2005, at which time the Court fixed July 25, 2005, at 10:30 a.m., as the date and time of the hearing for said cause, and a full thirty days notice of hearing was given as required by law and notice of hearing was given as required by law and notice of publication is now on file with the Clerk of the Court and the Court has jurisdiction of this cause. i 2. The Court is satisfied that the allegations of the said petition are sustained by the proof, that the limits of the territory to be annexed have been properly filed, that the property owner has a freehold interest in the property hereinafter described in the petition and constitutes the real owner of the area affected. 3. The land proposed to be annexed to the City of Fayetteville, Washington County, Arkansas in this cause is described as follows: